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Talk:Drew Torres/@comment-26402775-20150515193205/@comment-3575890-20150717091349
Right, because people that have just been taken advantage of totally brag to a room of random people about the "hot, amazing sex" they just had. In case you didn't know, people that have been drinking can consent to sex dependent on how much they've had. The point at which consent isn't valid is when the individual is not in the proper frame of mind and their mental faculties are compromised. A person too drunk to consent to sex wouldn't have coherent speech, wouldn't be cognizant of what is transpiring to know to use a condom like Drew. For god sake, Drew was buzzed. You CAN consent to sex while buzzed on a few beers, otherwise I'd be considered both a victim and a perpetrator on many separate occasions. Drunk sex is rape when both or either of the parties involved is unable to meaningfully give INFORMED CONSENT; that's usually the point of which the person gives off visible cues that they're too shit-faced to consent such as slurred or incoherent speech, staggering, half-lidded eyes, falling, vomiting, shaking, dizziness - basically at any point that their judgment and mental faculties has been dramatically impaired. Drew was not mentally incapacitated. He knew what he was doing and what was happening. Furthermore, Katie, if anything, was in a lesser frame of mind. For the same reason that it's not valid consent to engage in sexual relations with a person who is intoxicated because of the mental incapacitation, it's also - while dubious at best - arguably not considered valid informed consent if the person is in an extreme state of distress that hinders their ability to think clearly. Katie was fresh out of rehab. She wasn't in any position to consciously take advantage of anyone or consent to sexual relations. By insinuating she took advantage of Drew, you're likening her to predators that intentionally get girls drunk so they can more easily overpower them later or make them more 'agreeable'. Predators who strike down upon the first drunken girl they can find because to them, she may as well have a target on her back. Predators who see drunken girls and think 'easy prey' and actively seek out girls in this state so they can take advantage of them. And by drawing this comparison, you're also trivializing the severity of this issue and its devastating emotional, mental, and psychological effects on its victims. Katie didn't prey on Drew. She was vulnerable and not at all in a good headspace. Now, do not mistake me, this part of the puzzle would not matter if Drew had indeed been too far past the point of alcoholic consumption, and I would agree that Katie had raped him, even if she didn't consciously take advantage of him. It would be rape. But it's a moot point because Drew wasn't at that point. The only reason that he lost his balance half way down the stairs and fell with no recollection of what happened the next day was because of his post-concussive condition that he didn't yet know he had. Now, one could argue that the fog brain brought on by THAT condition could have inhibited his ability to consent that night, but it's not a very just assessment when you consider that nobody, including Katie and himself, knew of his condition when the sexual intercourse took place. Technically, in THAT sense and ONLY that sense, it could be considered rape. The alcohol in his system though has absolutely nothing to do with that. He hadn't drank enough to be considered too drunk to consent.